Employment Law Now VI-120 - Joint Employer Ping Pong
Sign on the Dotted Line: Negotiating an Effective Employment Agreement
Sometimes, the only constant is change. This New Year is no different. In 2023, we saw several developments in labor and employment law, including federal and state court decisions, regulations, and administrative agency...more
After nearly five months of heated negotiations and picketing, the Writers Guild of America (WGA) finally reached tentative consensus with the Hollywood studios on a new, three-year agreement, bringing an end to its strike...more
This instalment of our series on the Closing Loopholes Bill considers new measures aimed squarely at union empowerment. The Bill mandates rights for union workplace delegates that must be included in all Modern Awards and...more
In a pair of decisions issued on Aug. 30, 2023, the National Labor Relations Board (NLRB) established new, restrictive standards for evaluating when a unionized employer may avoid bargaining over changes to employees’ terms...more
Anything but casual… In the first of our series examining the Closing Loopholes Bill introduced into Parliament yesterday, we look at the new measures for casual employment....more
In its recent en banc opinion in Hamilton v. Dallas County, the U.S. Court of Appeals for the Fifth Circuit overturned nearly 30 years of precedent that required Title VII plaintiffs to allege that they had been subjected to...more
One of the nation’s most conservative federal appeals just opened the door for plaintiffs to file more discrimination charges and lawsuits by expanding the scope of the nation’s primary workplace anti-bias law. The full 5th...more
Amendments to the Canadian Competition Act (Act), taking effect on June 23, 2023, will make it a criminal offence for unaffiliated employers to agree, conspire or arrange to: •“fix, maintain, decrease or control salaries,...more
On June 13, 2023, the National Labor Relations Board (the “Board” or “NLRB”) overturned another business-friendly Board decision in favor of a return to a more employee-favorable standard for determining if a worker is an...more
Since the mid-1990s, human resource (HR) professionals (and those advising them) have relied on the Department of Justice (DOJ) and Federal Trade Commission’s (FTC) “antitrust safety zone” articulated in Statement 6 of the...more
On March 17, 2023, the Dutch Supreme Court definitively resolved the question of whether an employment contract between a secondment agency and a secondment worker may end with immediate effect under the “secondment...more
An international secondment takes place when an employee (or group of employees) is temporarily assigned to work for a different part of their employer or employer's group in another jurisdiction or for a different...more
This episode discusses the NLRB's proposed new September 2022 joint employer test in the context of the historical shifting political winds, and what it may mean for employers....more
James Gregory, Batool T. Banker, and Taryn E. Cannataro of Lowenstein’s Employee Benefits & Executive Compensation practice lay out tips for negotiating a fulsome executive employment agreement for both new hires and existing...more
The National Labor Relations Board (NLRB) just proposed a controversial new rule that could soon make it easier for workers to be considered employees of more than one entity for labor relations purposes. The Biden...more
The European Union’s Transparent and Predictable Working Conditions Directive (TPWC) released in 2019 is quickly approaching its August 2 transposition deadline, by which date each Member State will have to pass legislation...more
As an early holiday present to organized labor, the National Labor Relations Board recently announced it will issue proposed rulemaking on joint employers in February 2022, almost certainly reworking the legal standards to...more
In the past 15 months, employers have juggled many new and unique situations. Indeed, employers have been navigating their way through complex federal, state and local COVID-19 guidelines, while their employees have faced...more
As all eyes were focused on the U.S. Capitol Building and insurgency on January 6th, back home, employers now face questions about whether they can discipline employees who participated in the siege or other off-duty conduct...more
Current and former employees have a right to inspect their personnel file at reasonable times. So, when a current or former employee intends to bring or has brought a claim against their employer, they will likely request a...more
Now that North Carolina and federal laws provide for the legal cultivation of hemp, you want to start a hemp company. You have your big idea and a business plan ready, but you begin to wonder whether you should be thinking...more
The COVID-19 pandemic has caused severe disruption, distress and uncertainty for companies across almost every industry. While this initially resulted in a substantial slow-down in the M&A market, transactional activity is...more
The Massachusetts Superior Court recently held in Now Business Intelligence, Inc. v. Donahue that a temporary reassignment during a business slowdown, consisting of the addition of certain non-billable duties, does not...more
Introduced as part of the reforms under the Good Work Plan, amendments to Section 1 of the UK’s Employment Rights Act 1996 will impose new obligations on employers in the provision of written statements of particulars of...more
During the Obama administration, the National Labor Relations Board (NLRB) rocked the HR world for employers, both union and non-union, by interpreting federal law to create broad restrictions on employer work rules, social...more